Parental Supervision Order
A parental supervision order may be made in proceedings where a child is found guilty of an offence. It may be made in the context where the court is satisfied that the child’s parents’ wilful failure to take care or control of the child has contributed to the child’s offending. The order may be up to six months in duration.
The court will appoint a probation officer to supervise the parents’ and child’s compliance. The order may contain conditions requiring persons to undergo treatment for alcohol or substance abuse where facilities are reasonably available to participate in courses for the improvement of parental skills to adequately supervise the child to the best of their ability and comply with court directions.
Criteria for Order
The court must be satisfied they have considered the parents’ family and social circumstances and the likely effect of the order in those circumstances. The order might be proposed by a probation report.
The court considers the information regarding the parental family and social circumstances. The probation report outlines the parent’s suitability for the order and whether the parent’s consent. The court will allow the parents to be heard. If deemed appropriate, a parental supervision order may be made. The order is to specify that a child is under probation supervision and that the same probation officer is appointed to supervise the parental supervision order.
Failure of Compliance
If there is a failure of compliance, the probation officer may return the case to the court. It may revoke the offer, make an order binding on the parent, an order requiring the parent or guardian to pay compensation or treat the failure to comply as contempt of court.
Where a court is satisfied in relation to the guilt of a child and that the appropriate way of dealing with the atter is to make a compensation order whether alone or with other orders, it may order that compensation be paid by the parent or guardian instead of by the child.
It may not order compensation to be paid, unless it is satisfied that a wilful failure of the parent or guardian to take care of or control the child contributed to the child’s criminal behaviour.
An order may not be made without giving the parent or guardian etc. the opportunity to be heard. An order imposed may be recovered in the same manner as if made on conviction of the parent or guardian for the offence of which the child was found guilty.
In determining whether to order a parent to pay compensation and in determining the amount of the compensation, the court shall have regard to the present and future means of the parents or guardians in so far as they are known to the court.
A parent or guardian the subject of a compensation order may appeal against it.
Where a court is satisfied of the guilt of a child, it may order the parent or guardian, with his consent, to enter into a recognisance to exercise proper and adequate control over the child. If the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, it may treat the refusal as if it were a contempt of court.
An order may not require a parent or guardian to enter a recognisance
- for an amount exceeding €317,
- where the child will attain 18 years within three years, or in any case
- for off more than three years.
Forfeiture of Recognisance
Rules generally in relation to forfeiture of recognisances apply, as it applies in the context of recognisances to keep peace or to be of good behaviour or both.
A recognisance entered by a parent may be forfeited only if the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his committing the offence.
In fixing the amount of the recognisance, the court is to have regard to the present and future means. The parent or guardian may appeal against an order. The court may vary or revoke an order, on application, having regard to the change in circumstances since it was made, if it is in the interests to so do. No order may be made without giving the parent or guardian concerned, an opportunity to be heard.